What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, hospital or other medical party provides treatment below the accepted standard in New York, causing the patient’s injury or death. There is much confusion about what that means, so the law firm of Tolmage, Peskin, Harris, Falick explains the elements of a New York medical malpractice claim below.
1) You were under the care of a health care provider.
2) While advising, diagnosing or treating you, the health care provider failed to act within the accepted standard of care in New York.
3) Consequentially, you were injured, a condition worsened or you became ill.
The first element is usually straightforward. You present yourself to a doctor, clinic or hospital for medical help and you are then under its care. However, insurance companies and medical providers often encourage patients to call nurse hotlines, also known as triage hotlines. Such a conversation could amount to the patient becoming “under the care” of the medical provider.
The second malpractice claim element typically involves confusion about what the accepted standard of care is in the New York medical community. Because there is no manual that spells out the accepted standard of care for each medical situation, this element requires the opinion and testimony of other medical professionals, known as expert witnesses.
In the third element of a medical malpractice lawsuit, it may be difficult to prove that a patient suffered actual harm from the mistake of a medical professional. The patient is usually already unhealthy and a court requires convincing proof that a negligent act caused additional harm or death. Speculation is not proof enough.
It is extremely difficult to bring a successful medical malpractice claim in New York and the success or failure of your case may depend on the experience of your attorney. At the law firm of Tolmage, Peskin, Harris, Falick, we have helped injured patients and families for nearly 50 years. For a free consultation with one of our experienced personal injury attorneys, call 212-964-1390 or 877-298-3201.
- Personal Injury Verdicts & Settlements
- Medical Malpractice
- NYC Taxi Accidents
- Birth Injuries
- Brain Injuries
- Wrongful Death
- New York Slip and Fall Lawyer
Our New York law firm has been representing personal injury victims for more than 50 years.How to Choose the Best Lawyer?
Selecting the best lawyer can be complicated. Important aspects of a New York lawyer's practice should be considered when hiring an attorney.Who Can I Sue?
In most personal injury cases, you may file suit against the party responsible for your accident. Anyone from the manufacturer of a defective product to a landlord in charge of security at your apartment building may be held liable.Can I Sue for My Injuries?
Contact our attorneys for a FREE case evaluation. We are available to answer all of your questions and help you obtain the compensation you deserve. The Personal Injury Lawsuit Process
The personal injury lawsuit process can be confusing. Here is an outline of some of the stages of the process.